Welcome to iWady.com. The website available at www.iWady.com its related sub-domains, sites, services and tools (this “Site”) is operated and administered by DCrush LLC ("we", "us", "our"), a company incorporated inDubai,United Arab Emirates.
When a User makes a purchase from a Seller, our responsibility is to place the User's order with the Seller and process the payment. We are not involved in the sale or purchase of the products listed on this Site. We are an intermediary between the Sellers and the Users and not a party to the sales agreement entered into between the User and the Seller.
Users will not be charged by us for registering an account, browsing through, posting content or buying products from the Sellers on this Site. Users will be responsible for paying the price of the products they purchase (including any tax on the purchase price and any import/export duties), restocking Fees, delivery and return costs.
Seller will be charged by us for transaction fees, Commission and payment possessing Fees when their product (item) is successfully sold on this Site, listing fees for classifieds and special listing fees to sellers who use the special listing feature for listing their items.
We will deduct all from seller all fees due after a successful sale and in the case that a user does not complete the transaction; the seller may seek a refund of the relevant transaction fees from us.
Before you list an item for sale through this Site, we request you to review the fees that you will be charged based on our Fees & Credit Policy which we may amend from time to time with immediate effect by posting the changes on this Site.
We may choose to temporarily change the fees for our services for promotional events (for example, free shipping days) or new services, and such temporary changes are effective in accordance with their terms when we post them on this Site.
Unless otherwise stated, all fees shall be quoted in your country's currency. You must pay all fees payable to us (and any applicable taxes or charges) within 30 days of the date of any invoice to you from us with a valid payment method as set out in our Fees & Credit Policy.
In case of non-payment of fees and/or any applicable taxes and charges by you to us, without prejudice to any other rights and remedies of us under this terms or at law, we without liability reserves the right to:
For accounts over 30 days past due, deduct the amount owed from your account balance (and you acknowledge and agree to us doing so in these circumstances) and confirm the same to you by email.
You do not need to register an account to see the content available on this Site. You need to register an account if you wish to purchase products or take advantage of other features on this Site from time to time.
Once you register on this site, you agree that:
You are responsible for maintaining the confidentiality of, and restricting access to and use of, your account and password, and accept responsibility for all activities that occur under your account and password.
You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. In no event will us be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person's account at any time, without the express permission of the account holder. You agree to reimburse us for any improper, unauthorised or illegal use of your account by you or by any person obtaining access to this Site, services or otherwise by using your designated username and password, whether or not you authorised such access.
You will provide true, accurate, current and complete information about yourself as prompted by this Site's registration form (the "Registration Data").
You will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these terms, without prejudice to any other rights and remedies of us under this User Agreement or at law, we have the right to indefinitely suspend, limit or withdraw your access to this Site and/or your membership of this Site.
We may (in our sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, other incorporation documents and/or documentation showing any person's authority to act on your behalf. You agree to provide any information and/or documentation to us upon such requests. You acknowledge and agree that if you do not, we without liability may limit, suspend or withdraw your access to this Site and/or your membership of this Site. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.
You remember to keep your password confidential and do not share it with third parties. This is your responsibility.
We reserve the right to decline a new registration or remove your account name or ask you to amend it if we consider it to be inappropriate (including if we consider the account name is intended to be used to commit or promote fraudulent activity or if we consider it to be unacceptable for any other reason).
You may register an account with this Site or purchase products through this Site only if you:
Without affecting any other rights and remedies we may have, we reserve the right to suspend, limit or withdraw access to this Site or any User account registration or cancel any order if we believe that you are in breach of any of the above.
When using this Site you agree to comply with the code of conduct set out below (Code of Conduct):
We, our partners and affiliates may also send you promotional emails. We require your consent during the registration process to send you promotional emails. If at any time, you decide that you do not wish to receive such promotional emails, you can opt out of receiving such emails by updating communication preference setting for your account or by calling or emailing us or by following the link (if any) at the end of any promotional email to unsubscribe.
While using this Site, you will not:
You undertake, represent and warrant that:
Content includes all the information and materials that you have access to in this Site. It also includes information and materials posted to this Site by you, such as but not limited to product/item listing, the reviews on certain products and commenting on notice boards available on any Merchant's dedicated area on this Site (Webstore).
You acknowledge that if you post content or provide information on this Site then such content and information will be accessible to the general public, including persons who are not signed in to use this Site and the public will be able to associate and attribute such content or information to you.
In relation to the content in this Site, including the content posted by you, you agree to comply with the section on intellectual property rights below.
You must not post any content which:
By submitting content on this Site, you agree to grant us and the Users and Sellers a non-exclusive, royalty-free worldwide licence to access the content you submit through this Site, and to use, reproduce, make derivative works of, translate, distribute, publicly display and perform such content, as well as to make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights under any and all of the intellectual property rights you hold in the content.
You also agree that you will not submit content that is subject to copyright or third party proprietary rights including privacy, publicity, etc unless you are the owner of such rights or have the appropriate permission to specifically submit such content.
This Site may contain links to other websites. We make no representations or warranties as to the content, privacy practices and other practices of any websites operated by a third party and we do not assume responsibility for the content or practices of such websites. You should check the terms and conditions and privacy policies for all third party websites you visit to understand their procedures.
We may suspend or terminate your account and use of this Site if:
You can deregister your account and stop using this Site at any time. We will keep your account and all your content in an inactive mode but it may not necessarily be deleted. If we elect at our discretion to permanently delete all your content after you have deregistered your account or for any other reason (including a period of inactivity on your part), it will not be able to be recovered or accessed again and we shall have no liability or responsibility for this.
Subject to the above, upon termination each party keeps any rights they may have prior to termination.
We are an intermediary between the Sellers and the Users. By placing an order for a product with a Seller, you make an offer to the Seller to purchase that product. Therefore the products advertised on this Site are invitations for you to make offers to the Sellers to purchase those products; they do not constitute offers to sell by us or the Sellers.
We are not a manufacturer or supplier of goods. We therefore do not keep goods that are advertised on this Site in stock. The services we provide are limited to those Services defined in Part A above. When you purchase a product by using this Site, our responsibility is to place your order with the Seller and process your payment. We are not otherwise involved in the sale or purchase of products listed on this Site.
Once you place your order, you will receive a confirmation email from us of your order. It is at this point that the total price of your order (including purchase price of the products and any tax on the purchase price as well as delivery costs) will be charged to your credit or debit card. However, your offer to purchase a product will be deemed to be accepted by the Seller only if and when your product is dispatched by the Seller. It is at this point that the sales agreement between you and the Seller becomes binding. In the case of cash on delivery items, this means that you are contractually bound to accept and pay for goods when they are delivered to you.
For the avoidance of doubt, we are not a party to the sales agreement between you and the Seller, nor do we assume any responsibility arising out of or in connection with it. We are not the Seller's agent. It is solely the Seller who is responsible for the sale of the products and for dealing with any User claims.
If for any reason, your order or part of your order cannot be dispatched to you, this will mean that the sales agreement between you and the Seller did not become binding and the price of your order (or the undispatched part of your order) will be refunded to you. Please refer to our General Return Policy for more details.
It is your responsibility to keep track of the status of your order.
We are not responsible for any non-performance or breach of any contract entered into between users and/or Seller and does not transfer legal ownership of items from the seller to the User. The contract for sale of any item shall be a strictly bipartite contract between the seller and the User. At no time shall any right, title or interest over any item vest with us nor shall we have any obligations or liabilities in respect of such item or the contract between the user and seller.
We are not responsible for unsatisfactory or delayed performance, losses, damages or delays as a result of items which are unavailable.
We are not required to mediate or resolve any dispute or disagreement between users.
We have no control over and does not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users' content or listings, the ability of sellers to sell items, or the ability of users to pay for items.
We do not make any representation or warranty as to the attributes (including but not limited to quality, worth or marketability) of the items/products proposed to be sold or purchased on this Site. In particular, we do not implicitly or explicitly support or endorse the sale or purchase of any items on this Site, nor are we a supplier or manufacturer of any items sold by users or purchased by users.
We do not make any representation or warranty as to the attributes (including but not limited to legal title, creditworthiness, or identity) of any of its users.
This Site may include links to third party websites that are controlled by and maintained by others. We cannot accept any responsibility for the materials or offers for goods or services featured on such websites and any link to such websites is not an endorsement of such websites or a warranty that such websites will be free of viruses or other such items of a destructive nature and you acknowledge and agree that we are not responsible for the content or availability of any such sites. However you acknowledge and agree that you may not include links in any user-posted content on this Site.
If Users shall independently agree upon the manner and terms and conditions of delivery, payment, and insurance as between each other and we holds no responsibility in respect of such arrangements.
We accept no liability for any errors or omissions, whether on behalf of itself or third parties.
We excludes all implied warranties, terms and conditions and is not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising directly or indirectly, out of your use of or your inability to use this Site.
You release and indemnify us and/or any of its officers and representatives in respect of any claim, demand, dispute, cost, damage, liability or other consequence (direct or indirect) of any of the actions of the users of this Site and you specifically waive any claims that you may have in this behalf under any applicable law.
You should check all terms of the Seller that are applicable to the specific product you wish to purchase (Product Description). Product Descriptions for individual products can be accessed through the product description pages on the relevant Webstore. Sellers have complete control over the Product Descriptions and may amend their Product Descriptions from time to time. We therefore encourage you to read the Product Descriptions each time you make a purchase, even if you are purchasing a product you have previously purchased via this Site.
Payment for orders on this Site may be made online or partly online through our payment facilities or Cash On Delivery ("COD") (or other payment methods which we may make available on this Site from time to time).
You can pay for your order via the online payment gateway on this Site with a card issued by Visa, MasterCard or JCB. You must use your own credit or debit card.
The cardholder must retain a copy of transaction records and Merchant policies and rules.
We ask for your credit or debit card details only for the purpose of transmitting that information to our payment gateway in order to enable the payment transaction to proceed. We do not store your credit card details. All credit/debit cards details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties.
By providing payment facilities, we are merely facilitating the making of online payments by users possible but we are not involved in the process of buying and selling items on this Site. All sales and purchases on this Site continue to be bipartite contracts between the user and the seller of item/products(s) and we is not responsible for any non-performance, breach or any other claim relating to or arising out of any contract entered into between any users and sellers, nor do we have any fiduciary duty to any user. You acknowledge and agree that we will hold your funds at your own risk.
We may also offer a cash on delivery (COD) payment option for certain items only for delivery within UAE. You are responsible for agreeing an appropriate delivery window when you are contacted by the shipping company and for paying in full for the product upon delivery.
Prices, offers, promotions and discounts are displayed in UAE Dirhams along with each product. We will not cancel your order even if the prices displayed along with the product are incorrect. This means that you will benefit from incorrectly displayed prices that are cheaper than the actual price of the product. This however also means that you will be bound by the price you accept to pay in relation to the products whose displayed prices are more expensive than their actual price. It is your responsibility to be satisfied with the product prices offered by Sellers on this Site.
Prices displayed in this Site are the final product prices, which means that (unless otherwise stated in the Product Specification) the displayed product price will be inclusive of any tax, charge or fee that may be levied on it, except for the delivery fees and customs duties, which are payable at the time of delivery and may vary depending on the delivery option selected by the User and your delivery address. If you do not pay such amounts, delivery may be withheld and the goods returned to the Seller. Users using foreign credit or debit cards should also be aware that in some cases the banks may charge their customers for international transactions. We are not responsible for any such charges levied by the banks.
Customers using foreign credit or debit cards should note that the amount charged on their credit or debit card will be the value of the product displayed in UAE Dirhams which is converted into the currency of the credit card or debit card at the prevailing conversion rate by the banks.
In the case of refunds, the amount of the refund will be converted to currency of the credit card at the prevailing conversion rate at the date the refund is processed by us. The difference, if any, in the amount initially charged and the amount of the refund is due to the fluctuation of the conversion rate and any associated bank fees.
Once you order and pay for a product on this Site, it will be the Seller who will be responsible for dispatching your products. The products that are dispatched by the Sellers are passed on to our carriers for delivery.
The delivery period for your order is based on the products you purchase, your shipping address and the delivery options you choose.
The address for delivery provided by you should be correct and proper in all respects. We will deliver to your residential address or primary place of work only. We will not deliver to addresses such as hotel addresses, parking lots or other public places. If your products cannot be delivered to you due to a mistake by you (for example, incorrect contact or address details), any additional cost towards re-delivery shall be payable by you.
We strive to ensure that our carriers deliver your products to you on time. However, we do not assume liability for any direct or consequential damage suffered by non-delivery or delayed delivery.
Our “Delivery Policy” sets out in detail how we mange delivery and define the delivery terms. We will request you to accept our Delivery Policy before you can make a purchase on this Site. Please carefully read our Delivery Policy before you make a purchase on this Site.
Users who reside outside of the United Arab Emirates may also have to comply with the laws of the country in which they reside, such as prohibition on the sale or purchase of certain products.
Such Users shall also note that the custom rules of the country they reside in might not allow certain products to enter the country or might require personal collection from customs. There might also be customs duties applicable to such products, in which case such amounts will be collected from you upon delivery.
We have a "User Protection Program" which seeks to assist users to ensure their purchase is protected against fraud by any sellers on this Site.
If a user has purchased an item by way of any of the our processes and never received it or received an item worth significantly less in value compared to what was described by the seller, the user may seek protection under the User Protection Program.
The User Protection Program involves reimbursement by use to the user of the value of the item only. To be eligible under the User Protection Program a user needs to file a complaint with us within 48 hours of receiving (or not receiving) the relevant item. We will investigate the matter and if it has been determined (by us in its sole discretion) that the seller has intentionally defrauded the user in relation to the item for which we have reimbursed the user, We may limit, suspend or withdraw the seller's access to this Site and/or the seller's membership and we may charge the seller for our costs in reimbursing the user and for any handling and shipping (in accordance with the Fees & Credit Policy.
We reserve the right to take such further steps as it considers necessary including without limitation legal action. You acknowledge and agree that if any item/Products returned to us by a user are illegal or otherwise unlawful that we may in its sole discretion destroy the item or take any other steps as it considers necessary.
If you purchase a product on this Site, which you later wish to return, your request for return will be governed by our return policy (General Return Policy) and any return conditions specific to the product in question (Product-Specific Return Policy). Our General Return Policy sets out in detail how we manage return requests from our Users. We will request you to accept our General Return Policy before you can make a purchase on this Site. Please carefully read our General Return Policy before you make a purchase on this Site.
The images of the products on this Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your device's display of the colours and tones will accurately reflect the colour and tone of the actual product. Your product may vary slightly from the images on this Site for a variety of reasons, including inconsistencies in device displays and different light sources.
While we take reasonable measures to ensure that our Site is free from errors and fully functional, we do not warrant that this Site is error or fault free. If you find any error or fault in this Site, you should call or email us. We cannot guarantee the accuracy of information provided on this Site and we do not warrant that information will be transmitted in a reliable, timely or accurate manner.
We take reasonable precautions to ensure this Site is safe to use, but we do not warrant that this Site is virus free or free from anything else which may have a harmful effect on any technology. It is your responsibility to install suitable virus protection software on your computer.
While we take reasonable measures to ensure the constant availability of this Site, we do not warrant that this Site will always be available or that it will operate in an uninterrupted manner. Due to the nature of the internet, outages may occur. We may need to restrict or suspend access to this Site from time to time to allow for repairs, maintenance or the introduction of new facilities or services.
It is your responsibility to have suitable browser or third party software to view and transact on this Site. We do not accept any responsibility for any loss of functionality that is dependent on the technology you use.
It is your responsibility to keep your account information confidential. We will not be liable for any direct, indirect or consequential loss or damage whatsoever resulting from the unauthorised use of your account.
As explained above, we do not sell the products advertised on this Site. We therefore expressly disclaim any warranties or representations in respect of attributes of the products advertised or sold on this Site by the Sellers, such as quality, safety, fitness for purpose or legality.
We also do not accept responsibility for any non-performance or breach of the sales contract entered into between Sellers and Users.
You agree to indemnify and hold us, our affiliates, officers, employees, agents, suppliers and our service providers (including our online gateway facility provider and carrier) harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including legal costs & Expenses) we, our affiliates, officers, employees, agents, suppliers and our service providers may incur as a result of:
Except as explicitly stated otherwise, any notices to us from you shall be given by you by email to us at firstname.lastname@example.org with a physical copy sent to us by mail or courier, such notice deemed given on confirmation of its receipt to you by us by return email. Any notices to you from us shall be given by notices posted on this Site or by email to the email address you provide to us during the registration process and shall be deemed to be received by you 48 hours after any such email is sent. Alternatively, we may give you notice by mail or prepaid shipping to the address provided to us during the registration process. In such case, notice shall be deemed given 7 days after the date of mailing.
If a dispute arises between you and a Seller in relation to the purchase of goods via this Site, you should attempt to resolve the issue direct with the Seller in the first instance. If you are still unable to resolve the dispute to your satisfaction, please call or email us and we will try to assist if possible.
Additionally you agree to have only 14 (fourteen) days from the date of any conduct giving rise to a dispute, complaint or breach of contract to file a case at the Dubai Courts; if you do not file a case within the specified time period, you agree to waive your right to do so at a later date.